Subpart B—Rules and Regulations

DEFINITIONS

1220.301 Terms defined.
1220.302 Exemption.

ASSESSMENTS

1220.310 Assessments.
1220.311 Collection and remittance of assessments.
1220.312 Remittance of assessments and submission of  reports to United Soybean Board or Qualified State Soybean Board.
1220.313 Qualified State Soybean Boards.
1220.314 Document evidencing payment of assessments.
1220.330–120.332 [Reserved]

Subparts C–E [Reserved]

Subpart F—Procedures To Request a Referendum

DEFINITIONS

1220.600 Act.
1220.601 Administrator, AMS.
1220.602 Administrator, FSA.
1220.603 Farm Service Agency.
1220.604 Farm Service Agency County Committee.
1220.605 Farm Service Agency County Executive Director.
1220.606 Farm Service Agency State Committee.
1220.607 Farm Service Agency State Executive Director.
1220.608 Order.
1220.609 Person.
1220.610 Producer.
1220.611 Public notice.
1220.612 Representative period.
1220.613 Secretary.
1220.614 Soybeans.
1220.615 State and United States.

PROCEDURES

1220.616 General.
1220.617 Supervision of the process for requesting a referendum.
1220.618 Eligibility.
1220.619 Time and place for requesting a referendum.
1220.620 Facilities.
1220.621 Certification and request form.
1220.622 Certification and request procedures.
1220.623 Canvassing requests.
1220.624 Confidentiality.
1220.625 Counting requests.
1220.626 FSA county office report.
1220.627 FSA State office report.
1220.628 Results of the request for referendum.
1220.629 Disposition of records.
1220.630 Instructions and forms.

AUTHORITY: 7 U.S.C. 6301–6311 and 7 U.S.C.
7401.

Subpart A—Soybean Promotion
 and Research Order

SOURCE: 56 FR 31049, July 9, 1991, unless otherwise noted.

DEFINITIONS

§ 1220.101 Act.
The term Act means the Soybean Promotion, Research, and Consumer Information Act, subtitle E of title XIX, of the Food, Agriculture, Conservation and Trade Act of 1990, Public Law No. 101–624, and any amendments thereto.

§ 1220.102 Board.
The term Board means the United Soybean Board established under § 1220.201 of this subpart.

§ 1220.103 Commerce.
The term commerce means interstate, foreign, or intrastate commerce.

§ 1220.104 Committee.
The term Committee means the Soybean Program Coordinating Committee established under § 1220.213 of this subpart.

§ 1220.105 Consumer information.
The term consumer information means information that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of soybeans or soybean products.

§ 1220.106 [Reserved]

§ 1220.107 Cooperator organization.
The term Cooperator Organization means the American Soybean Association, or any successor organization to the American Soybean Association, which conducts foreign market development activities on behalf of soybean producers.

§ 1220.108 Department.
Department means the United States Department of Agriculture.

§ 1220.109

7 CFR Ch. XI (1–1–08 Edition)

§ 1220.109 Eligible organization.
The term eligible organization means any organization which has been certified by the Secretary pursuant to
§ 1220.203 of this subpart as being eligible to submit nominations for initial membership on the Board.

§ 1220.110 First purchaser.
The term first purchaser means— 
(a) except as provided in paragraph (b) of this section, any person buying or otherwise acquiring from a producer soybeans produced by such producer; or 
(b) In any case in which soybeans are pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program and the soybeans are forfeited by the producer in lieu of loan repayment, the Commodity Credit Corporation. 

[56 FR 31049, July 9, 1991, as amended at 56 FR 42923, Aug. 30, 1991; 57 FR 31095, July 14, 1992]

§ 1220.111 Fiscal period.
The term fiscal period means the calendar year or such other annual period as the Board may determine with the approval of the Secretary.

§ 1220.112 Industry information.
The term industry information means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the soybean industry, and activities to enhance the image of the soybean industry.

§ 1220.113 Marketing.
The term marketing means the sale or other disposition of soybeans or soybean products in any channel of commerce.

§ 1220.114 National nonprofit producer- governed organization.
The term national nonprofit producer- governed organization means an organization that—

(a) Is a nonprofit organization pursuant to section 501(c) (3), (5) or (6) of the Internal Revenue Code (26 U.S.C. 501(c) (3), (5) and (6)); and 
(b) Is governed by a Board of directors of agricultural producers representing soybean producers on a national basis;

§ 1220.115 Net market price.
The term net market price means—
(a) except as provided in paragraph (b) of this section, the sales price, or other value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by
the Secretary; or 
(b) For soybeans pledged as collateral for a loan issued under any Commodity Credit Corporation price support loan program, and where the soybeans are forfeited by the producer in lieu of loan repayment, the principal amount of the loan.

[56 FR 31049, July 9, 1991, as amended at 56 FR 42923, Aug. 30, 1991; 57 FR 31095, July 14, 1992]

§ 1220.116 Part and subpart.
Part means the Soybean Promotion and Research Order and all rules and regulations issued pursuant to the Act and the Order, and the Order itself shall be a ‘‘Subpart’’ of such part.

§ 1220.117 Plans and projects.
Plans and Projects means promotion, research, consumer information, and industry information plans, studies, or projects pursuant to § 1220.230.

§ 1220.118 Person.
The term person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.

§ 1220.119 Producer.
The term producer means any person engaged in the growing of soybeans in the United States who owns, or who shares the ownership and risk of loss of, such soybeans.

§ 1220.120 [Reserved]

§ 1220.121 Promotion.
The term promotion means any action, including paid advertising, technical assistance, and trade servicing activities, to enhance the image or desirability of soybeans or soybean products in domestic and foreign markets,

Agricultural Marketing Service, USDA 

§ 1220.201

and any activity designed to communicate to consumers, importers, processors, wholesalers, retailers, government officials, or other information relating to the positive attributes of soybeans or soybean products or the benefits of importation, use, or distribution of soybeans and soybean products.

§ 1220.122 Qualified State Soybean Board.
The term Qualified State Soybean Board means a State soybean promotion entity that is authorized by State law and elects to be the Qualified State Soybean Board for the State in which it operates pursuant to § 1220.228(a)(1). If no such entity exists in a State, the term Qualified State Soybean Board means a soybean producer-governed entity— 
(a) That is organized and operating within a State; 
(b) That receives voluntary contributions and conducts soybean promotion, research, consumer information, or industry information programs; and 
(c) That meets the criteria, established by the Board and approved by the Secretary, relating to the qualifications of such entity to perform its duties under this part as determined by the Board, and is certified by the Board under § 1220.228(a)(2), with the approval of the Secretary.

§ 1220.123 Referendum.
The term Referendum means a referendum, other than referenda defined in § 1220.106 and § 1220.124, to be conducted by the Secretary pursuant to the Act whereby producers shall be given the opportunity to vote to determine whether the continuance of this subpart is favored by a majority of producers voting.

§ 1220.124 [Reserved]

§ 1220.125 Research.
The term research means any type of study to advance the image, desirability, marketability, production, product development, quality, or functional or nutritional value of soybeans or soybean products, including any research activity designed to identify and analyze barriers to export sales of soybeans and soybean products.

§ 1220.126 Secretary.
The term Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom there has been delegated, the authority to act in the Secretary’s stead.

§ 1220.127 Soybean products.
The term soybean products means products produced in whole or in part from soybeans or soybean byproducts.

§ 1220.128 Soybeans.
The term soybeans means all varieties of Glycine max or Glycine soja.

§ 1220.129 State and United States.
The terms State and United States include the 50 States of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico.

§ 1220.130 Unit.
The term unit shall mean each State, or group of States, which is represented on the Board.

UNITED SOYBEAN BOARD

§ 1220.201 Membership of board.
(a) For the purposes of nominating and appointing producers to the Board, the United States shall be divided into 30 geographic units and the number of Board members from each unit, subject to paragraphs (d) and (e) of this section shall be as follows:

 § 1220.201

7 CFR Ch. XI (1–1–08 Edition)

(b) The Board shall be composed of
soybean producers appointed by the
Secretary from nominations submitted
pursuant to § 1220.203. A soybean producer
may only be nominated by the
unit in which that soybean producer is
a resident or producer.
(c) At the end of each three (3) year
period, the Board shall review the geographic
distribution of soybean production
volume throughout the United
States and may recommend to the Secretary
a modification of paragraph (e)
of this section, to best reflect the geographic
distribution of soybean production
volume in the United States. The
Secretary may amend this subpart to
make the changes recommended by the
Board in levels of productions used to
determine per unit representation. A
unit may not, as a result of any modifications
under this subsection, lose
Board seats to which it is entitled at
the time this subpart is initially issued
unless its average annual production,
as determined under paragraph (e)(6) of
this section, declines below the levels
required for representation, as specified
in paragraphs (e) (1) through (5) of
this section.
(d) At the end of each three (3) year
period, the Secretary shall review the
volume of production (minus the volume
of production for which refunds
have been paid) of each unit provided
representation under paragraph (a) of
this section, and shall adjust the
boundaries of any unit and the number
of Board members from each such unit
to conform with the criteria set out in
paragraphs (e) (1) through (5) of this
section.

(e) The following formula will be
used to determine the number of directors
for each unit who shall serve on
the Board:
(1)(i) Except as provided in paragraph
(e)(1)(ii) of this section, each State will
be considered as a separate unit.
(ii) States which do not have annual
average soybean production equal to or
greater than three million (3,000,000)
bushels shall be grouped, to the extent
practicable, into geographically contiguous
units each of which, to the extent
practicable, have a combined annual
soybean production level which is
equal to or greater than three million
(3,000,000) bushels and each such unit
shall be entitled to at least one representative
on the Board.
(2) Each unit that has an annual average
soybean production of less than
fifteen million (15,000,000) bushels shall
be entitled to one representative on the
Board.
(3) Each unit which has an annual average
soybean production of fifteen
million (15,000,000) or more bushels but
less than seventy million (70,000,000)
bushels shall be entitled to two (2) representatives
on the Board.
(4) Each unit which has an annual average
soybean production of seventy
million (70,000,000) or more bushels but
less than two hundred million
(200,000,000) bushels shall be entitled to
three (3) representatives on the Board.
(5) Each unit which has an annual average
soybean production of two hundred
million (200,000,000) bushels or
more shall be entitled to four (4) representatives
on the Board.
(6) For the purposes of this section,
average annual soybean production
shall be determined by using the average
of the production for the State or
unit over the five previous years, excluding
the year in which production
was the highest and the year in which
production was the lowest.
(f) [Reserved]

[56 FR 31049, July 9, 1991, as amended at 60
FR 29962, June 7, 1995; 60 FR 58500, Nov. 28,
1995; 62 FR 37489, July 14, 1997; 62 FR 41485,
Aug. 1, 1997; 65 FR 63768, Oct. 25, 2000; 68 FR
57327, Oct. 3, 2003; 71 FR 69430, Dec. 1, 2006]

Agricultural Marketing Service, USDA 

§ 1220.206

§ 1220.202 Term of office.
(a) The members of the Board shall
serve for terms of 3 years, except that
the members appointed to the initial
Board shall serve, proportionately, for
terms of 1, 2, and 3 years.
(b) Each member shall continue to
serve until a successor is appointed by
the Secretary and has accepted the position.
(c) No member shall serve more than
three consecutive 3-year terms in such
capacity.

§ 1220.203 Nominations.
All nominations for appointments to
the Board under § 1220.204 shall be made
in the following manner:
(a) After the issuance of this subpart
by the Secretary, nominations shall be
obtained by the Secretary as specified
in paragraphs (a), (b), and (c) of this
section from Qualified State Soybean
Boards or for initial Board nominations,
eligible organizations deemed
qualified to nominate pursuant to
paragraph (f) of the section. A Qualified
State Soybean Board, or for initial
Board nominations, an eligible organization
shall only submit nominations
for positions on the Board representing
the unit, as established under § 1220.201,
in which such Qualified State Soybean
Board operates.
(b) If the Secretary determines that a
unit is not represented by a Qualified
State Soybean Board or for initial
Board nominations, an eligible organization,
then the Secretary may solicit
nominations from organizations which
represent producers in that unit and
from producers residing in that unit. A
caucus may be held in such units for
the purpose of collectively submitting
nominations to the Secretary.
(c) Where there is more than one
State comprising a unit, the Secretary
shall take into consideration the nominations
submitted by Qualified State
Soybean Boards or for initial Board
nominations, eligible organizations,
within the unit. A caucus may be held
in such units for the purpose of collectively
submitting nominations to the
Secretary. The Secretary shall consider
the proportional levels of production
in each State comprising the unit
when appointing members to the Board
representing that unit.

(d) At least two nominations shall be
submitted for each position to be filled.
(e) Nominations may be submitted in
order of preference and for the initial
Board, in order of preference for staggered
terms. Should the Secretary reject
any nomination submitted and
there are insufficient nominations submitted
from which appointments can
be made, the Secretary may request
additional nominations under paragraph
(a) or (b) of this section, whichever
provision is applicable for such
unit.
(f) Any organization authorized pursuant
to State law to collect assessments
from producers may notify the
Secretary of the organization’s intent
to nominate members to the initial
Board for the State or unit, as established
under § 1220.201, in which such organization
operates and is authorized
by State law. Such eligibility shall be
based only upon the criteria established
pursuant to § 1220.228(a)(1). There
shall only be one organization authorized
per State pursuant to this section
to submit nominations to the initial
Board. If no such entity exists in a
State, any organization meeting those
requirements of § 1220.228(a)(2) may request
eligibility to submit nominations.

§ 1220.204 Appointment.
From the nominations made pursuant
to § 1220.203, the Secretary shall appoint
the members of the Board on the
basis of representation provided for in
§ 1220.201.

§ 1220.205 Nominee’s agreement to
serve.
Any producer nominated to serve on
the Board shall file with the Secretary
at the time of nomination a written
agreement to:
(a) Serve on the Board if appointed;
and
(b) Agree to disclose any relationship
with any soybean promotion entity or
with any organization that has or is
being considered for a contractual relationship
with the Board.

§ 1220.206 Vacancies.
To fill any vacancy occasioned by the
death, removal, resignation, or disqualification
of any member of the

 § 1220.207

7 CFR Ch. XI (1–1–08 Edition)

Board, the Secretary shall request
nominations for a successor pursuant
to § 1220.203, and such successor shall be
appointed pursuant to § 1220.204.

§ 1220.207 Alternate members.
(a) The Secretary shall solicit, pursuant
to the procedures of § 1220.203,
nominations for alternate members of
the Board.
(b) The Secretary shall appoint one
alternate member of the Board for each
unit which has only one member pursuant
to § 1220.204 and § 1220.205.
(c) Alternate members of the Board
may attend meetings of the Board as a
voting member upon the following circumstances:
(1) A member of the Board for the
unit which the alternate member represents
is absent; and
(2) Such member, or in the case of incapacitation
or death of the member, a
relative, has contacted the appropriate
officer of the Board to inform such officer
of such absence;
(d) An alternate member of the
Board, when attending Board meetings
in an official capacity, shall have the
rights, duties and obligations of a
Board member.

§ 1220.208 Removal.
If the Secretary determines that any
person appointed under this part fails
or refuses to perform his or her duties
properly or engages in acts of dishonesty
or willful misconduct, the Secretary
shall remove the person from office.
A person appointed or certified
under this part or any employee of the
Board or Committee may be removed
by the Secretary if the Secretary determines
that the person’s continued
service would be detrimental to the
purposes of the Act.

§ 1220.209 Procedure.
(a) At a properly convened meeting of
the Board, a majority of the members
shall constitute a quorum.
(b)(1) Except for roll call votes, each
member of the Board will be entitled to
one vote on any matter put to the
Board and the motion will carry if supported
by a simple majority of those
voting.
(2)(i) If a member requests a roll call
vote, except as provided in paragraph

(b)(2)(ii) of this section, each unit as
established under § 1220.201, shall cast
one vote for each percent, or portion of
a percent, of the average total amount
of assessments remitted to the Board
that was remitted from the unit (minus
refunds) during each of the three previous
fiscal years of the Board under
§ 1220.223.
(ii)(A) During the first fiscal year of
the Board, the percentage used to determine
the votes given to a unit will
be based on annual average soybean
production of the three previous years.
If a unit is represented by more than
one member, each member representing
the unit shall receive an
equal percentage of the votes allocated
to the unit.
(B) During the second and third year
this subpart is in effect, the percentage
used to determine the votes given to a
unit will be based upon averaging the
unit’s percentage of annual assessments
remitted to the Board (minus refunds).
(iii) Should a member representing a
unit not be present, then the other
members representing such unit shall
vote, on an equal basis if there is more
than one member representing the unit
present, the number of votes which the
absent member would have been entitled
to vote.
(iv) A motion will carry on a roll call
vote if approved by both a simple majority
of all votes cast and a simple
majority of all units voting (with the
vote of each unit determined by a simple
majority of all votes cast by members
in that unit).
(3) A member may not cast votes by
proxy.
(c) In lieu of a properly convened
meeting and, when in the opinion of
the chairperson of the Board such action
is considered necessary, the Board
may take action upon the concurring
votes of a majority of its members, or
if a roll call vote is requested, a simple
majority of all votes cast and a simple
majority of all units voting by mail,
telephone, facsimile, or telegraph, but
any such action by telephone shall be
confirmed promptly in writing. In the
event that such action is taken, all
members must be notified and provided
the opportunity to vote. Any action so

Agricultural Marketing Service, USDA 

§ 1220.212

taken shall have the same force and effect
as though such action had been
taken at a regular or special meeting
of the Board.
(d) On or after the end of the three-
year period beginning on the effective
date of this subpart, the Board may
recommend to the Secretary changes
in the voting procedures of the Board
described in paragraph (b) of this section.

§ 1220.210 Compensation and reimbursement.
The members of the Board shall serve
without compensation but shall be reimbursed
for necessary and reasonable
expenses incurred by them in the performance
of their responsibilities
under this subpart.

§ 1220.211 Powers of the Board.
The Board shall have the following
powers:
(a) To receive and evaluate, or on its
own initiative develop, and budget for
plans or projects for promotion, research,
consumer information, and industry
information and to make recommendations
to the Secretary regarding
such proposals;
(b) To administer the provisions of
this subpart in accordance with its
terms and provisions;
(c) To make rules to effectuate the
terms and provisions of this subpart;
(d) To receive, investigate, and report
to the Secretary complaints of violations
of the provisions of this subpart;
(e) To disseminate information to
producers or producer organizations
through programs or by direct contact
utilizing the public postage system or
other systems;
(f) To assign responsibilities relating
to budget and program development to
the Committee as provided in § 1220.219.
(g) To select committees and subcommittees
of Board members, and to
adopt such rules for the conduct of its
business as it may deem advisable;
(h) To contract with Qualified State
Soybean Boards to implement plans or
projects;
(i) To recommend to the Secretary
amendments to this subpart; and
(j) With the approval of the Secretary,
to invest, pending disbursement
pursuant to a plan or project, funds

collected through assessments authorized
under § 1220.223 in, and only in, obligations
of the United States or any
agency thereof, in general obligations
of any State or any political subdivision
thereof, in any interest-bearing
account or certificate of deposit of a
bank which is a member of the Federal
Reserve System, or in obligations fully
guaranteed as to principal and interest
by the United States.

§ 1220.212 Duties.
The Board shall have the following
duties:
(a) To meet not less than three times
annually, or more often if required for
the Board to carry out its responsibilities
pursuant to this subpart.
(b) To organize and select from
among its members a chairperson, vice
chairperson, a treasurer and such other
officers as may be necessary.
(c) To appoint from its members an
executive committee and to delegate to
the committee authority to administer
the terms and provisions of this subpart
under the direction of the Board
and within the policies determined by
the Board.
(d) To employ or contract for such
persons to perform administrative
functions as it may deem necessary
and define the duties and determine
the compensation of each.
(e) To develop and submit to the Secretary
for approval, promotion, research,
consumer information, and industry
information plans or projects.
(f) To prepare, and submit to the Secretary
for approval, budgets on a fiscal
period basis of its anticipated expenses
and disbursements in the administration
of this subpart, including probable
costs of promotion, research, consumer
information, and industry information
plans or projects, and also including a
description of the proposed promotion,
research, consumer information, and
industry information programs contemplated
therein.
(g) To maintain such books and
records, which shall be available to the
Secretary for inspection and audit, and
to prepare and submit such reports
from time to time to the Secretary, as
the Secretary may prescribe, and to

§ 1220.213

7 CFR Ch. XI (1–1–08 Edition) 

make appropriate accounting with respect
to the receipt and disbursement
of all funds entrusted to it.
(h) With the approval of the Secretary,
to enter into contracts or
agreements with appropriate parties,
including national nonprofit producer-
governed organizations, for the development
and conduct of activities authorized
under § 1220.230 of this subpart
and for the payment of the cost thereof
with funds collected through assessments
pursuant to § 1220.223. Provided,
that the Board shall contract with only
one national nonprofit producer-governed
organization to administer all
projects within a program area.
Any such contract or agreement
shall provide that:
(1) The contractor shall develop and
submit to the Board a plan or project
together with a budget or budgets
which shall show the estimated cost to
be incurred for such plan or project;
(2) Any such plan or project shall become
effective only upon approval of
the Secretary; and
(3) The contracting party shall keep
complete and accurate records of all of
its transactions and make periodic reports
to the Board of activities conducted
pursuant to a contract and an
accounting for funds received and expended,
and such other reports as the
Secretary or the Board may require.
The Board and Secretary may audit
the records of the contracting party periodically.
(i) To prepare and make public, at
least annually, a report of its activities
carried out and an accounting for funds
received and expended.
(j) [Reserved]
(k) To cause its books to be audited
by a certified public accountant at
least once each fiscal period and at
such other times as the Secretary may
require and to submit a copy of each
such audit to the Secretary.
(l) To give the Secretary the same
notice of meetings of the Board and
committees as is given to members in
order that the Secretary, or a representative
of the Secretary, may attend
such meetings.
(m) To submit to the Secretary such
information pursuant to this subpart
as may be requested.

(n) To encourage the coordination of
programs of promotion, research, consumer
information, and industry information
designed to strengthen the soybean
industry’s position in the marketplace
and to maintain and expand domestic
and foreign markets and uses
for soybean and soybean products produced
in the United States.

[56 FR 31049, July 9, 1991, as amended at 60
FR 29962, June 7, 1995; 60 FR 58500, Nov. 28,
1995]

SOYBEAN PROGRAM COORDINATING
COMMITTEE

§ 1220.213 Establishment and membership.
(a) The Board may establish, with
the approval of the Secretary, a Soybean
Program Coordinating Committee
to assist in the administration of this
subpart. The Committee shall consist
of 15 members. The Committee shall be
composed of 10 Board members elected
by the Board and 5 producers elected
by the Cooperator Organization.
(b) Board representation on the Committee
shall consist of the Chairperson
and Treasurer of the Board, and eight
additional members duly elected by the
Board to serve on the Committee. The
eight representatives to the Committee
elected by the Board shall, to the extent
practicable, reflect the geographic
and unit distribution of soybean production.
(c) Cooperator Organization representation
on the Committee shall consist
of five members elected by the Cooperator
Organization Board of Directors.
The Cooperator Organization shall submit
to the Secretary the names of the
representatives elected by the Cooperator
Organization to serve on the
Committee, the manner in which such
election was held, and verify that such
representatives are producers. The prospective
Cooperator Organization representatives
shall file with the Secretary
a written agreement to serve on
the Committee and to disclose any relationship
with any soybean entity or
with any organization that has or is

Agricultural Marketing Service, USDA 

§ 1220.220

being considered for a contractual relationship
with the Board. When the Secretary
is satisfied that the above conditions
are met, the Secretary shall certify
such representatives as eligible to
serve on the Committee.
|
§ 1220.214 Term of office.
(a) The members of the Committee
shall serve for a term of 1 year.
(b) No member shall serve more than
six consecutive terms.

§ 1220.215 Vacancies.
To fill any vacancy occasioned by the
death, removal, resignation, or disqualification
of any member of the
Committee, the Board or the Cooperator
Organization, depending upon
which organization is represented by
the vacancy, shall submit the name of
a successor for the position in the manner
utilized to appoint representatives
pursuant to § 1220.213 above.

§ 1220.216 Procedure.
(a) Attendance of at least 12 members
of the Committee shall constitute a
quorum at a properly convened meeting
of the Committee. Any action of
the Committee shall require the concurring
votes of at least two-thirds (23)
of the members present. The Committee
shall establish rules concerning
timely notice of meetings.
(b) When in the opinion of the chairperson
of the Committee emergency
action must be taken before a meeting
can be called, the Committee may take
action upon the concurring votes of no
less than twelve of its members by
mail, telephone, facsimile, or telegraph.
Action taken by this emergency
procedure is valid only if all members
are notified and provided the opportunity
to vote and any telephone vote
is confirmed promptly in writing. Any
action so taken shall have the same
force and effect as though such action
had been taken at a properly convened
meeting of the Committee.
(c) A member may not cast votes by
proxy.

§ 1220.217 Compensation and reimbursement.
The members of the Committee shall
serve without compensation but shall
be reimbursed by the Board for necessary

and reasonable expenses incurred
by them in the performance of
their responsibilities under this subpart.

§ 1220.218 Officers of the Committee.
The following persons shall serve as
officers of the Committee:
(a) The Chairperson of the Board
shall be Chairperson of the Committee.
(b) The Committee shall elect or appoint
such other officers as it may
deem necessary.

§ 1220.219 Powers of the Committee.
If established by the Board, the Committee
may have the following powers:
(a) To receive and evaluate, or on its
own initiative, develop and budget for
plans or projects to promote the use of
soybeans and soybean products as well
as plans or projects for promotion, research,
consumer information, and industry
information and to make recommendations
to the Board regarding
such proposals; and
(b) To select committees and subcommittees
of Committee members,
and to adopt such rules for the conduct
of its business as it may deem advisable.

§ 1220.220 Duties of the Committee.
If established by the Board, the Committee
may have the following duties:
(a) To meet and to organize;
(b) To prepare and submit to the
Board for approval, budgets on a fiscal
period basis of proposed costs of promotion,
research, consumer information,
and industry information plans or
projects, and also including a general
description of the proposed promotion,
research, consumer information, and
industry information programs contemplated
therein;
(c) To give the Secretary the same
notice of meetings of the Committee
and its subcommittees as is given to
members in order that the Secretary,
or the Secretary’s representative, may
attend such meetings;
(d) To submit to the Board and to the
Secretary such information pursuant
to this subpart as may be requested;
and

 § 1220.222

7 CFR Ch. XI (1–1–08 Edition)

(e) To encourage the coordination of
programs of promotion, research, consumer
information, and industry information
designed to strengthen the soybean
industry’s position in the marketplace
and to maintain and expand domestic
and foreign markets and uses
for soybeans and soybean products.
|

EXPENSES AND ASSESSMENTS

§ 1220.222 Expenses.
(a) The Board is authorized to incur
such expenses (including provision for
a reasonable reserve) as the Secretary
finds are reasonable and likely to be incurred
by the Board for its maintenance
and functioning and to enable it
to exercise its powers and perform its
duties in accordance with the provisions
of this subpart. However, during
any fiscal year, expenses incurred by
the Board for administrative staff costs
and their benefits shall not exceed l
percent of the projected level of assessments,
net of projected refunds, of the
Board for that fiscal year. Such expenses
shall be paid from assessments
received pursuant to § 1220.223. The administrative
expenses of the Board, including
the cost of administrative
staff, shall not exceed 5 percent of the
projected level of assessments, net of
projected refunds, of the Board for that
fiscal year.
(b) The Board shall reimburse the
Secretary, from assessments received
pursuant to § 1220.223, for administrative
costs incurred after an Order has
been submitted to the Department pursuant
to section 1968(b) of the Act; Provided,
that the Board shall only be required
to reimburse the Secretary for
one-half (50%) of the costs incurred by
the Secretary to conduct the refund
referendum relating to continuation of
authority to pay refunds.
(c)(1) The Board may, with the approval
of the Secretary, authorize a
credit to Qualified State Soybean
Boards of up to 5 percent of the amount
to be remitted to the Board pursuant
to § 1220.223 and § 1220.228 of this subpart
to offset collection and compliance
costs relating to such assessments and
for fees paid to State governmental
agencies or first purchasers for collection
of the assessments where the payment
of such fees by the Qualified

State Soybean Board is required by
State law enacted prior to November
28, 1990.
(2) The portion of the credit authorized
in paragraph (c)(1) of this section
which compensates Qualified State
Soybean Boards for fees paid to State
governmental agencies or first purchasers
for collection of the assessments
where the payment of such fees
by the Qualified State Soybean Board
is required by State law enacted prior
to November 28, 1990:
(i) Shall not exceed one-half of such
fees paid to State governmental agencies
or first purchasers, and;
(ii) Shall not exceed 2.5 percent of the
amount of assessments collected and
remitted to the Board.
(3) Except for that portion of the
credit issued pursuant to paragraph
(c)(2) of this section, credits authorized
by paragraph (c)(1) of this section will
be included as part of the Board’s administrative
expenses.

§ 1220.223 Assessments.
(a)(1) Except as prescribed by regulations
approved by the Secretary or as
otherwise provided in this section, each
first purchaser of soybeans shall collect
an assessment from the producer,
and each producer shall pay such assessment
to the first purchaser, at the
rate of one-half of one percent (0.5%) of
the net market price of the soybeans
purchased. Each first purchaser shall
remit such assessment to the Board or
to a Qualified State Soybean Board, as
provided in paragraph (a)(5) of this section.
(2) Any producer marketing processed
soybeans or soybean products of
that producer’s own production, shall
remit to a Qualified State Soybean
Board or to the Board, as provided in
paragraph (a)(5) of this section, an assessment
on such soybeans or soybean
products at a rate of one-half of one
percent (0.5%) of the net market price
of the soybeans involved or the equivalent
thereof.
(3) In determining the assessment
due from each producer under paragraph
(a)(1) or (a)(2) of this section, a
producer who is contributing to a
Qualified State Soybean Board shall

Agricultural Marketing Service, USDA 

§ 1220.223

receive a credit from the Board for contributions
to such Qualified State Soybean
Board on any soybeans assessed
under this section in an amount not to
exceed one-quarter of one percent of
the net market price of the soybeans
assessed.
(4) In order for a producer to receive
the credit provided for in paragraph
(a)(3) of this section, the Qualified
State Soybean Board or the first purchaser
must establish to the satisfaction
of the Board that the producer has
contributed to a Qualified State Soybean
Board.
(5)(i) If the soybeans, for which an assessment
is paid, were grown in a State
other than the State which is the situs
of the first purchaser, the first purchaser
that collects the assessment
shall remit the assessment and information
as to the State of origin of the
soybeans to the Qualified State Soybean
Board operating in the State in
which the first purchaser is located.
The Qualified State Soybean Board operating
in the State in which the first
purchaser is located shall remit such
assessments to the Qualified State
Soybean Board operating in the State
in which the soybeans were grown. If
no such Qualified State Soybean Board
exists in such State, then the assessments
shall be remitted to the Board.
The Board, with the approval of the
Secretary, may authorize Qualified
State Soybean Boards to propose modifications
to the foregoing ‘‘State of Origin’’
rule to ensure effective coordination
of assessment collections between
Qualified State Soybean Boards.
(ii)(A) If a producer pledges soybeans
grown by that producer as collateral
for a loan issued by the Commodity
Credit Corporation and if that producer
forfeits said soybeans in lieu of loan repayment,
the Commodity Credit Corporation
shall at the time of the loan
settlement, collect from the producer
the assessments due based on 0.5 percent
of the principal loan amount received
by the producer and remit the
assessment to the Qualified State Soybean
Board in the State in which the
soybeans were pledged, or if no Qualified
State Soybean Board exists in such
State, the Board.
(B) If a producer redeems and subsequently
markets soybeans which have

been pledged as collateral for a loan
issued by the Commodity Credit Corporation,
the first purchaser shall collect
and remit the assessments due
pursuant to paragraph (a)(1) of this section;
or if a producer markets such soybeans
as processed soybeans or as soybean
products, the producer shall remit
the assessment pursuant to paragraph
(a)(2) of this section.
(iii) Qualified State Soybean Boards
and the Board shall coordinate assessment
collection procedures to ensure
that producers marketing soybeans are
required to pay only one assessment
per bushel of soybeans and collections
are adjusted among States on a mutually
agreeable basis.
(b) The collection of assessments pursuant
to paragraph (a) of this section,
shall commence on and after the date
assessments are required to be paid and
shall continue until terminated by the
Secretary. If the Board is not constituted
on the date the first assessments
are to be collected, the Secretary
shall have the authority to receive
the assessments on behalf of the
Board, and to hold such assessments
until the Board is constituted, then
remit such assessments to the Board.
(c)(1) Each person responsible for the
collection of assessments under paragraph
(a) of this section, shall collect
and remit the assessments to the Board
or a Qualified State Soybean Board on
a monthly basis or as required by State
law, but no less than quarterly, unless
the Board, with the approval of the
Secretary, has specifically authorized
otherwise.
(2) Any unpaid assessments due the
Board or a Qualified State Soybean
Board from a person responsible for remitting
assessments to the Board or a
Qualified State Soybean Board pursuant
to paragraph (a) of this section,
shall be increased two percent (2%)
each month beginning with the day following
the date such assessments were
due under this subpart. Any remaining
amount due shall be increased at the
same rate on the corresponding day of
each month thereafter until paid.
(3) The amounts payable pursuant to
this section shall be computed monthly

 §§ 1220.224–1220.227

7 CFR Ch. XI (1–1–08 Edition)

on unpaid assessments and shall include
any unpaid late charges previously
applied pursuant to this section.
(4) For the purpose of this section,
any assessment that was determined at
a date later than prescribed by this
subpart because of a person’s failure to
submit a report to the Board or a
Qualified State Soybean Board when
due, shall be considered to have been
payable by the date it would have been
due if the report had been filed when
due.
(d) Prior to the continuance referendum,
the Board, pursuant to procedures
approved by the Secretary, shall
ensure that each Qualified State Soybean
Board is provided credit in accordance
with the provisions of section
1969(n)(1) and subject to section
1969(n)(3) of the Act.
(e) Following the continuance referendum,
the Board, pursuant to procedures
approved by the Secretary, shall
ensure annually that each Qualified
State Soybean Board is provided credit
in accordance with the provisions of
section 1969(n)(2) and subject to section
1969(n)(3) of the Act.

[56 FR 31049, July 9, 1991, as amended at 56
FR 42923, Aug. 30, 1991; 57 FR 31096, July 14,
1992]

§§ 1220.224–1220.227 [Reserved]

§ 1220.228 Qualified State Soybean
Boards.
(a)(1) Any soybean promotion entity
that is authorized by State statute to
collect assessments required by State
law from soybean producers may notify
the Board of its election to be the
Qualified State Soybean Board for the
State in which it operates so that producers
may receive credit pursuant to
§ 1220.223(a)(3) for contributions to such
organization. Only one such entity
may make such election or be qualified
pursuant to paragraph (a)(2) of this section.
Such entity, upon making such
election, agrees to the following:
(i) To conduct activities as defined in
§ 1220.230 that are intended to strengthen
the soybean industry’s position in
the marketplace;
(ii) Provide a report describing the
manner in which assessments are collected
and the procedure utilized to ensure
that assessments due are paid;

(iii) Collect assessments paid on soybeans
marketed within the State and
establish procedures for ensuring compliance
with this subpart with regard
to the payment of such assessments;
(iv) Remit to the Board each assessment
paid and remitted to it, minus
authorized credits issued pursuant to
§ 1220.222(c) and credits issued to producers
pursuant to § 1220.223(a)(3), and
other required deductions by the last
day of the month following the month
in which the assessment was remitted
to it unless the Board determines a different
date for remittance of assessments;
(v) If the entity is authorized or required
to pay refunds to producers, any
requests from producers for refunds for
contributions to it by the producer following
the termination of authority to
pay refunds, will be honored by forwarding
to the Board that portion of
such refunds equal to the amount of
credit received by the producer for contributions
to it pursuant to
§ 1220.223(a)(3);
(vi) [Reserved]
(vii) Furnish the Board with an annual
report by a certified public accountant
or an authorized State agency
of all funds remitted to such Board
pursuant to this subpart; and
(viii) Not use funds it collects pursuant
to this subpart to fund plans or
projects which make use of any unfair
or deceptive acts or practices with respect
to the quality, value or use of
any product that competes with soybeans
or soybean products; and
(ix)(A) Except as otherwise provided
in paragraph (a)(1)(ix)(B) of this section,
funds collected or received by the
Qualified State Soybean Board under
this subpart shall not be used in any
manner for the purpose of influencing
any action or policy of the United
States Government, any foreign or
State government, or any political subdivision
thereof.
(B) The prohibition in paragraph
(a)(1)(ix)(A) of this section, shall not
apply to—

 Agricultural Marketing Service, USDA 

§ 1220.228

(1) The communication to appropriate
government officials of information
relating to the conduct, implementation,
or results of promotion, research,
consumer information, and industry
information under the Order;
(2) Any action designed to market
soybeans or soybean products directly
to a foreign government or political
subdivision thereof; or
(3) The development and recommendation
of amendments to this
subpart.
(2) If no entity elects to serve as a
Qualified State Soybean Board within
a State pursuant to paragraph (a)(1) of
this section, any State soybean promotion
entity that is organized and operating
within a State, and receives assessments
or contributions from producers
and conducts soybean or soybean
product promotion, research, consumer
information, or industry information
programs, may apply for certification
as the Qualified State Soybean
Board for such State so that producers
may receive credit pursuant to
§ 1220.223(a)(3) for contributions to such
organizations. All provisions of this
subpart applicable to Qualified State
Soybean Boards will be applicable to
such entity. The Board shall review
such applications for certification and
shall make a determination as to the
certification of each applicant.
(b) In order for the State soybean entity
to be certified by the Board pursuant
to paragraph (a)(2) of this section,
as a Qualified State Soybean Board,
the entity must:
(1) Conduct activities as defined in
§ 1220.230 that are intended to strengthen
the soybean industry’s position in
the marketplace;
(2) Submit to the Board a report describing
the manner in which assessments
are collected and the procedure
utilized to ensure that assessments due
are paid;
(3) Certify to the Board that such
State entity will collect assessments
paid on soybeans marketed within the
State and establish procedures for ensuring
compliance with this subpart
with regard to the payment of such assessments;
(4) Certify to the Board that such organization
will remit to the Board each
assessment paid and remitted to it,

minus credits issued pursuant to
§ 1220.222(c) and authorized credits
issued to producers pursuant to
§ 1220.223(a)(3), and other required deductions
by the last day of the month
following the month in which the assessment
was remitted to it unless the
Board determines a different date for
remittance of assessments;
(5)–(6) [Reserved]
(7) Certify to the Board that it will
furnish the Board with an annual report
by a certified public accountant or
an authorized State agency of all funds
remitted to such Board pursuant to
this subpart; and
(8) Not use funds it collects pursuant
to this subpart to fund plans or
projects which make use of any unfair
or deceptive acts or practices with respect
to the quality, value or use of
any product that competes with soybeans
or soybean products; and
(9)(i) Except as otherwise provided in
paragraph (b)(9)(ii) of this section,
funds collected or received by the
Qualified State Soybean Board under
this subpart shall not be used in any
manner for the purpose of influencing
any action or policy of the United
States Government, any foreign or
State government, or any political subdivision
thereof.
(ii) The prohibition in paragraph
(b)(9)(i) of this section, shall not apply
to—
(A) The communication to appropriate
government officials of information
relating to the conduct, implementation,
or results of promotion, research,
consumer information, and industry
information under this subpart;
(B) Any action designed to market
soybeans or soybean products directly
to a foreign government or political
subdivision thereof; or
(C) The development and recommendation
of amendments to this
subpart.
(c) Notwithstanding any other provisions
of this subpart, and provided that
activities of a Qualified State Soybean
Board are authorized under the Act and
this subpart, the Board shall not have
the authority to:
(1) Establish guidelines, regulations,
or rules which would restrict or infringe
upon a Qualified State Soybean

 § 1220.229 

7 CFR Ch. XI (1–1–08 Edition) 

Board’s authority to determine administrative
or program expenditure allocations
or administrative or program
implementation; and
(2) Direct Qualified State Soybean
Boards to participate or not participate
in program activities or implementation.
(d) The Board shall establish procedures,
after an opportunity for public
comment and subject to approval of
the Secretary, which provide Qualified
State Soybean Boards with a right to
present information to the Board prior
to any determinations relating to nonparticipation
as a Qualified State Soybean
Board following initial election or
determination as a Qualified State
Soybean Board.

[56 FR 31049, July 9, 1991, as amended at 60
FR 58500, Nov. 28, 1995; 61 FR 50694, Sept. 27,
1996; 72 FR 2769, Jan. 23, 2007]

§ 1220.229 Influencing governmental
action.
(a) Except as otherwise provided in
paragraph (b) of this section, funds collected
or received by the Board under
this subpart shall not be used in any
manner for the purpose of influencing
any action or policy of the United
States Government, any foreign or
State government, or any political subdivision
thereof.
(b) The prohibition in paragraph (a)
of this section shall not apply to—
(1) The development and recommendation
of amendments to this
subpart;
(2) The communication to appropriate
government officials of information
relating to the conduct, implementation,
or results of promotion, research,
consumer information, and industry
information under this subpart;
or
(3) Any action designed to market
soybeans or soybean products directly
to a foreign government or political
subdivision thereof.

§ 1220.230 Promotion, research, consumer
information, and industry information.
(a) The Board shall receive and evaluate,
or on its own initiative, develop
and submit to the Secretary for approval
any plans or projects authorized

in this subpart. Such plans or projects
shall provide for:
(1) The establishment, issuance, effectuation,
and administration of appropriate
promotion, research, consumer
information, and industry information
activities with respect to soybean
and soybean products;
(2) The establishment and conduct of
research, and studies with respect to
the sale, distribution, marketing and
utilization of soybean and soybean
products and the creation of new products
thereof, to the end that marketing
and utilization of soybean and soybean
products may be encouraged, expanded,
improved or made more acceptable;
and
(3) Such other activities as are authorized
by the Act and this subpart.
(b) Each plan or project described in
paragraph (a) of this section, shall be
periodically reviewed or evaluated by
the Board to ensure that each such
plan or project contributes to an effective
program of promotion, research,
consumer information, and industry information.
If it is found by the Board
that any such plan or project does not
further the purposes of the Act, then
the Board shall terminate such plan or
project.
(c) No such plans or projects shall
make use of unfair or deceptive acts or
practices with respect to the quality,
value or use of any competing product.
In carrying out any plan or project
funded by the Board described in paragraph
(a) of this section, no preference
shall be given to a brand or trade name
of any soybean product without the approval
of the Board and the Secretary.

REPORTS, BOOKS, AND RECORDS

§ 1220.241 Reports.
Each producer marketing processed
soybeans or soybean products of that
producer’s own production and each
first purchaser responsible for the collection
of assessments under § 1220.223
shall be required to report to the Board
periodically such information as may
be required by the regulations recommended
by the Board and approved
by the Secretary. Such information
may include but not be limited to the
following:

 Agricultural Marketing Service, USDA

 § 1220.252

(a) The number of bushels of soybeans
purchased, initially transferred,
or which, in any other manner, is subject
to the collection of assessment;
(b) The amount of assessments remitted;
(c) The basis, if necessary, to show
why the remittance is less than one-
half percent (0.5%) of the net market
price per bushel of soybeans purchased
multiplied by the number of bushels
purchased; and
(d) The date any assessment was
paid.

§ 1220.242 Books and records.
(a) Except as provided in paragraph
(b) of this section, each person who is
subject to this subpart shall maintain
and make available for inspection by
the Board or Secretary such books and
records as are necessary to carry out
the provisions of this subpart and the
regulations issued under this part, including
such records as are necessary
to verify any reports required. Such
records shall be retained for at least
two years beyond the fiscal period of
their applicability.
(b) Any producer who plants less than
25 acres of soybeans annually and does
not market such soybeans shall not be
required to maintain books or records
pursuant to this subpart.

§ 1220.243 Confidential treatment.
Except as otherwise provided in the
Act, financial or commercial information
that is obtained under the Act and
this subpart and that is privileged and
confidential shall be kept confidential
by all persons, including employees and
former employees of the Board, all officers
and employees and all former officers
and employees of the Department,
and by all officers and employees and
all former officers and employees of
contracting agencies having access to
such information, and shall not be
available to Board members or any
other producers. Only those persons
having a specific need for such information
in order to effectively administer
the provisions of this part shall
have access to such information.

MISCELLANEOUS

§ 1220.251 Proceedings after termination.
(a) Upon the termination of this subpart,
the Board shall recommend not
more than five of its members to the
Secretary to serve as trustees for the
purpose of liquidating the affairs of the
Board. Such persons, upon designation
by the Secretary, shall become trustees
of all the funds and property, owned, in
the possession of or under the control
of the Board, including any unpaid
claims or property not delivered or any
other claims existing at the time of
such termination.
(b) The trustees shall:
(1) Continue in such capacity until
discharged by the Secretary;
(2) Carry out the obligations of the
Board under any contract or agreements
entered into by it pursuant to
§ 1220.212(h);
(3) From time to time account for all
receipts and disbursements; and
(4) Deliver all property on hand, together
with all books and records of
the Board and of the trustees, to such
persons as the Secretary may direct,
and upon the request of the Secretary,
execute such assignments or other instruments
necessary or appropriate to
vest in such persons full title and right
to all of the funds, property, and
claims vested in the Board or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property,
or claims have been transferred
or delivered pursuant to this subpart
shall be subject to the same obligation
imposed upon the Board and upon the
trustees.
(d) Any residual funds not required to
defray the necessary expenses of liquidation
shall be turned over to the
Secretary to be used, to the extent
practicable, in the interest of continuing
one or more of the promotion,
research, consumer information, or industry
information plans or projects
authorized pursuant to this subpart.
§ 1220.252 Effect of termination or
amendment.
Unless otherwise expressly provided
by the Secretary, the termination of

§ 1220.253

 7 CFR Ch. XI (1–1–08 Edition) 

this subpart or of any rule issued pursuant
hereto, or the issuance of any
amendment to either thereof, shall not:
(a) Affect or waive any right, duty,
obligation, or liability which shall
have arisen or which may hereafter
arise in connection with any provision
of this subpart or any regulation issued
thereunder;
(b) Release or extinguish any violation
of this subpart or any regulation
issued thereunder; or
(c) Affect or impair any rights or
remedies of the United States, or of the
Secretary, or of any person, with respect
to any such violation.

§ 1220.253 Personal liability.
No member, employee or agent of the
Board, including employees, agents or
board members of Qualified State Soybean
Boards, acting pursuant to authority
provided in this subpart, shall
be held personally responsible, either
individually or jointly, in any way
whatsoever, to any person for errors in
judgment, mistakes, or other acts of either
commission or omission, of such
member or employee, except for acts of
dishonesty or willful misconduct.

§ 1220.254 Patents, copyrights, inventions,
and publications.
(a) Any patents, copyrights, inventions,
or publications developed
through the use of funds remitted to
the Board under the provisions of this
subpart shall be the property of the
U.S. Government as represented by the
Board, and shall, along with any rents,
royalties, residual payments, or other
income from the rental, sale, leasing,
franchising, or other uses of such patents,
copyrights, inventions, or publications,
inure to the benefit of the
Board. Upon termination of this subpart,
§ 1220.251 shall apply to determine
disposition of all such property.
(b) Notwithstanding the provisions of
paragraph (a) of this section, if patents,
copyrights, inventions, or publications
are developed by the use of
funds remitted to the Board under this
subpart. Should patents, copyrights,
inventions or publications be developed
through the use of funds remitted to
the Board under this subpart and funds
contributed by another organization or
person, ownership and related rights to

such patents, copyrights, inventions,
or publications shall be determined by
agreement between the Board and the
party contributing funds towards the
development of such patent, copyright,
invention or publication.

§ 1220.255 Amendments.
Amendments to this subpart may be
proposed, from time to time, by the
Board, or by any Qualified State Soybean
Board recognized, or by any interested
person affected by the provisions
of the Act, including the Secretary.

§ 1220.256 Separability.
If any provision of this subpart is declared
invalid or the applicability
thereof to any person or circumstances
is held invalid, the validity of the remainder
of this subpart of the applicability
thereof to other persons or circumstances
shall not be affected thereby.

§ 1220.257 OMB control numbers.
The control number assigned to the
information collection requirements by
the Office of Management and Budget
pursuant to the Paperwork Reduction
Act, Public Law 96–511, is OMB number
0581–0093, except Board member nominee
information sheets are assigned
OMB number 0505–0001.

[56 FR 31049, July 9, 1991, as amended at 61
FR 50694, Sept. 27, 1996]

Subpart B—Rules and Regulations

SOURCE: 57 FR 29439, July 2, 1992, unless
otherwise noted.

DEFINITIONS

§ 1220.301 Terms defined.
As used throughout this subpart, unless
the context otherwise requires,
terms shall have the same meaning as
the definition of such terms as appears
in subpart A of this part.

§ 1220.302 Exemption.
(a) A producer who operates under an
approved National Organic Program
(NOP) (7 CFR part 205) system plan;
produces only products that are eligible
to be labeled as 100 percent organic
under the NOP, except as provided for

Agricultural Marketing Service, USDA 

§ 1220.311 

in paragraph (g) of this section; and is
not a split operation shall be exempt
from the payment of assessments.
(b) To apply for an exemption under
this section, the producer shall submit
the request to the Board or other party
as designated by the Board—on a form
provided by the Board—at any time
initially and annually thereafter on or
before January 1 as long as the producer
continues to be eligible for the
exemption.
(c) The request shall include the following:
the producer’s name and address,
a copy of the organic farm or organic
handling operation certificate
provided by a USDA-accredited certifying
agent as defined in section 2103 of
the Organic Foods Production Act of
1990 (7 U.S.C. 6502), a signed certification
that the applicant meets all of
the requirements specified for an assessment
exemption, and such other information
as may be required by the
Board and with the approval of the
Secretary.
(d) If the producer complies with the
requirements of this section, the Board
or designee will grant the exemption
and issue a Certificate of Exemption to
the producer. For exemption requests
received on or before August 15, 2005,
the Board will have 60 days to approve
the exemption request; after August 15,
2005, the Board will have 30 days to approve
the exemption request. If the application
is disapproved, the Board will
notify the applicant of the reason(s) for
disapproval within the same timeframe.
(e) The producer shall provide a copy
of the Certificate of Exemption to each
first purchaser. The first purchaser
shall maintain records showing the exempt
producer’s name and address and
the exemption number assigned by the
Board.
(f) The exemption will apply at the
first reporting period following the
issuance of the exemption.
(g) Agricultural commodities produced
and marketed under an organic
system plan, as described in 7 CFR
205.201, but not sold, labeled, or represented
as organic, shall not disqualify
a producer from exemption
under this section, except that producers
who produce both organic and
non-organic agricultural commodities

as a result of split operations shall not
qualify for exemption. Reasons for conventional
sales include lack of demand
for organic products, isolated use of
antibiotics for humane purposes, chemical
or pesticide use as the result of
State or emergency spray programs,
and crops from a buffer area as described
in 7 CFR part 205, provided all
other criteria are met.

[70 FR 2759, Jan. 14, 2005]

ASSESSMENTS

§ 1220.310 Assessments.
(a) A 0.5 percent of the net market
price per bushel assessment on soybeans
marketed shall be paid by the
producer of the soybeans in the manner
designated in § 1220.311.
(b) If more than one producer shares
the proceeds received for the soybeans
marketed, each such producer is obligated
to pay that portion of the assessments
which is equivalent to each producer’s
proportionate share of the proceeds.
(c) Failure of the first purchaser to
collect the assessment on each bushel
of soybeans marketed as designated in
§ 1220.311 shall not relieve the producer
of the producer’s obligation to pay the
assessment to the appropriate Qualified
State Soybean Board or the United
Soybean Board as required in § 1220.312.

§ 1220.311 Collection and remittance of
assessments.
(a) Except as otherwise provided in
this section, each first purchaser making
payment to a producer for soybeans
marketed by a producer shall collect
from that producer at the time of settlement
of that producer’s account an
assessment at the rate of 0.5 percent of
the net market price per bushel of soybeans
marketed and shall be responsible
for remitting the assessment to
the Qualified State Soybean Board or
the United Soybean Board as provided
in § 1220.312. The first purchaser shall
give to the producer a receipt indicating
payment of the assessment. The
receipt shall be any document issued
by the first purchaser that contains
the information requested in
§ 1220.314(a).
(b) A first purchaser who purchases
soybeans pursuant to a contract with a

§ 1220.312 

7 CFR Ch. XI (1–1–08 Edition) 

producer, either on a volume basis or
on a per acre basis, shall be responsible
for remitting the assessment due on
soybeans purchased as required in
§ 1220.312. Such assessment shall be
based upon 0.5 percent of the net market
price specified or established in the
contract and shall be collected at the
time of payment to the producer. If the
net market price is not specified or established
in the contract the assessment
shall be based on fair market
value as specified in paragraph (c) of
this section below.
(c) Any producer marketing processed
soybeans or soybean products of
that producer’s own production either
directly or through retail or wholesale
outlets shall be responsible for remitting
to the Qualified State Soybean
Board or the United Soybean Board
pursuant to § 1220.312, an assessment on
the number of bushels of soybeans
processed or manufactured into soybean
products at the rate 0.5 percent of
the net market price of the soybeans
involved or the equivalent thereof. The
assessment shall attach upon date of
sale of the processed soybeans or soybean
products and shall be based upon
the posted county price for soybeans on
the date of the sale as posted at the
local ASCS office for the county in
which the soybeans are grown. The producer
shall remit the assessment in the
manner provided in § 1220.312.
(d) Any producer marketing processed
soybeans or soybean products of
that producer’s own production shall
be responsible for remitting to the
Qualified State Soybean Board or the
United Soybean Board pursuant to
§ 1220.312, an assessment on the number
of bushels of soybeans processed or
manufactured into soybean products at
the rate of 0.5 percent of the net market
price of the soybeans involved or
the equivalent thereof. The assessment
shall attach upon the date of final settlement
for such processed soybeans or
soybean products and shall be based
upon the posted county price for soybeans
on the date of final settlement as
posted at the local ASCS office for the
county in which the soybeans are
grown. The producer shall remit the assessment
in the manner provided in
§ 1220.312.

(e) A producer delivering soybeans of
the producer’s own production against
a soybean futures contract shall be responsible
for remitting an assessment
at the rate of 0.5 percent of net market
price as specified in settlement documents.
The assessment shall attach at
the time of delivery and the producer
shall remit the assessment due in accordance
with § 1220.312.
(f) A producer who forfeits soybeans
of that producer’s own production
which were pledged as collateral on a
loan issued by Commodity Credit Corporation
shall pay an assessment. The
assessment shall attach upon the date
the settlement statement is prepared
and issued to the producer by the Commodity
Credit Corporation and shall be
0.5 percent of the principal amount of
the loan for the soybeans as specified
by Commodity Credit Corporation in
the settlement statement. The Commodity
Credit Corporation shall collect
the assessment and then remit the assessment
due in accordance with
§ 1220.312.

§ 1220.312 Remittance of assessments
and submission of reports to United
Soybean Board or Qualified State
Soybean Board.
(a) Each first purchaser and each producer
responsible for the remittance of
assessments shall remit assessments
and submit a report of assessments to
the Qualified State Soybean Board in
the State in which each first purchaser
or each producer responsible for the remittance
of assessments is located or if
there is no Qualified State Soybean
Board in such State, then to the United
Soybean Board as provided in this section.
(b) First purchasers and producers responsible
for remitting assessments
shall remit assessments and reports on
a monthly or quarterly basis depending
on the State or region in which the
first purchasers or producers are located.
The reporting period for each
State and region shall be as follows:

Agricultural Marketing Service, USDA

 § 1220.313

(c) Reports. Each first purchaser or
producer responsible for remitting assessments
shall make reports on forms
made available by the United Soybean
Board or on Qualified State Soybean
Board forms which contain the information
required in § 1220.241 and are approved
by the Board. A first purchaser
with multiple facilities or purchasing
locations within a State shall have the
option to submit a single, consolidated
report specifying the combined volume
of soybeans purchased or the net market
value of all soybeans purchased
from the producers in the State. Reports
shall be submitted with assessments
due in accordance with the provisions
of paragraph (d) of this section.
(d) Remittances. Each first purchaser
or producer responsible for remitting
assessments shall remit all assessments
to the Qualified State Soybean
Board, its designee, or the United Soybean
Board. All assessments shall be
remitted in the form of a check or
money order payable to the order of
the applicable Qualified State Soybean
Board or the United Soybean Board
and shall be sent to the designated address
not later than the last day of the
month following the month or quarter
in which the soybeans, processed soybeans,
or soybean products were marketed
and shall be accompanied by the
reports required by paragraph (c) of
this section. All remittances shall be
received subject to collection and payment
at par.
(e) Receipt of Reports and Remittances.
The timeliness of receipt of reports and
assessments by the Board or Qualified
State Soybean Board shall be based on
the applicable postmark date or the
date actually received by the Board or

the Qualified State Soybean Board
whichever is earlier.

[57 FR 29439, July 2, 1992, as amended at 58
FR 40732, July 30, 1993; 60 FR 58500, Nov. 28,
1995; 68 FR 69954, Dec. 16, 2003]

§ 1220.313 Qualified State Soybean
Boards.
The following State soybean promotion
organizations shall be Qualified
State Soybean Boards. First purchasers
and producers responsible for
remitting assessments located in
States which have a Qualified State
Soybean Board shall remit assessments
accompanied by the required reports to
the Qualified State Soybean Board in
the State in which the first purchaser
or producer responsible for remitting
assessments is located.
(1) Alabama Soybean Producers
Board
(2) Arkansas Soybean Promotion
Board
(3) Delaware Soybean Board
(4) Florida Soybean Advisory Council
(5) Georgia Agricultural Commodity
Commission for Soybeans
(6) Illinois Soybean Program Operating
Board
(7) Iowa Soybean Promotion Board
(8) Indiana Soybean Development
Council, Inc.
(9) Kansas Soybean Commission
(10) Kentucky Soybean Promotion
Board
(11) Louisiana Soybean Promotion
Board
(12) Maryland Soybean Board
(13) Soybean promotion Committee
of Michigan
(14) Minnesota Soybean Research and
Promotion Council
(15) Mississippi Soybean Promotion
Board
(16) Missouri Soybean Merchandising
Council
(17) Nebraska Soybean Development,
Utilization, and Marketing Board
(18) New Jersey Soybean Board
(19) North Carolina Soybean Producers
Association
(20) North Dakota Soybean Council
(21) Ohio Soybean Council Board of
Trustees
(22) Oklahoma Soybean Commission
(23) Pennsylvania Soybean Board
(24) South Carolina Soybean Board

§ 1220.314

7 CFR Ch. XI (1–1–08 Edition) 

(25) South Dakota Soybean Research
and Promotion Council
(26) Tennessee Soybean Promotion
Board
(27) Texas Soybean Producers Board
(28) Virginia Soybean Board
(29) Wisconsin Soybean Marketing
Board, Inc.

§ 1220.314 Document evidencing payment
of assessments.
(a) Each first purchaser responsible
for remitting an assessment to a Qualified
State Soybean Board or the United
Soybean Board is required to give to
the producer from whom the first purchaser
collected an assessment written
evidence of payment of the assessment
containing the following information:
(1) Name and address of the first purchaser.
(2) Name of producer who paid assessment.
(3) Number of bushels sold.
(4) Net market price.
(5) Total assessments paid by the producer.
(6) Date.
(7) State in which soybeans were
grown.
(b) [Reserved]

§§ 1220.330–1220.332 [Reserved]

Subparts C–E [Reserved]

Subpart F—Procedures To Request
a Referendum

SOURCE: 69 FR 13461, Mar. 23, 2004, unless
otherwise noted.

DEFINITIONS

§ 1220.600 Act.
Act means the Soybean, Promotion,
Research, and Consumer Information
Act set forth in title XIX, subtitle E, of
the Food, Agriculture, Conservation,
and Trade Act of 1990 (Pub. L. 101–624),
and any amendments thereto.

§ 1220.601 Administrator, AMS.
Administrator, AMS, means the Administrator
of the Agricultural Marketing
Service, or any officer or employee
of USDA to whom there has
been delegated or may be delegated the
authority to act in the Administrator’s
stead.

§ 1220.602 Administrator, FSA.
Administrator, FSA, means the Administrator,
of the Farm Service Agency,
or any officer or employee of USDA to
whom there has been delegated or may
be delegated the authority to act in the
Administrator’s stead.

§ 1220.603 Farm Service Agency.
Farm Service Agency also referred to
as ‘‘FSA’’ means the Farm Service
Agency of USDA.

§ 1220.604 Farm Service Agency County
Committee.
Farm Service Agency County Committee,
also referred to as ‘‘FSA County
Committee or COC,’’ means the group
of persons within a county who are
elected to act as the Farm Service
Agency County Committee.

§ 1220.605 Farm Service Agency County
Executive Director.
Farm Service Agency County Executive
Director, also referred to as ‘‘CED,’’
means the person employed by the FSA
County Committee to execute the policies
of the FSA County Committee and
to be responsible for the day-to-day operation
of the FSA county office, or
the person acting in such capacity.

§ 1220.606 Farm Service Agency State
Committee.
Farm Service Agency State Committee,
also referred to as ‘‘FSA State Committee,’’
means the group of persons
within a State who are appointed by
the Secretary to act as the Farm Service
Agency State Committee.

§ 1220.607 Farm Service Agency State
Executive Director.
Farm Service Agency State Executive
Director, also referred to as ‘‘SED,’’
means the person employed by the FSA
State Committee to execute the policies
of the FSA State Committee and
to be responsible for the day-to-day operation
of the FSA State office, or the
person acting in such capacity.

§ 1220.608 Order.
Order means the Soybean Promotion
and Research Order.

Agricultural Marketing Service, USDA 

§ 1220.618) 

§ 1220.609 Person.
Person means any individual, group
of individuals, partnership, corporation,
association, cooperative, or any
other legal entity.

§ 1220.610 Producer.
Producer means any person engaged
in the growing of soybeans in the
United States who owns or who shares
the ownership and risk of loss of such
soybeans.

§ 1220.611 Public notice.
Public notice means a notice published
in the FEDERAL REGISTER, not
later than 60 days prior to the last day
of the Request for Referendum period,
that provides information regarding
the Request for Referendum period.
Such notification shall include, but not
be limited to explanation of producers’
rights, procedures to request a referendum,
the purpose, dates of the Request
for Referendum period, location
for conducting the Request for Referendum,
and eligibility requirements.
Additionally, the United Soybean
Board is required to provide producers,
in writing, this same information during
the same time period. Other pertinent
information shall also be provided,
without advertising expense,
through press releases by State and
county FSA offices and other appropriate
Government offices, by means of
newspapers, electronic media, county
newsletters, and the like.

§ 1220.612 Representative period.
Representative period means the period
designated by the Secretary pursuant
to section 1970 of the Act.

§ 1220.613 Secretary.
Secretary means the Secretary of Agriculture
of the United States Department
of Agriculture (USDA) or any
other officer or employee of USDA to
whom there has been delegated or to
whom there may be delegated the authority
to act in the Secretary’s stead.

§ 1220.614 Soybeans.
Soybeans means all varieties of glycine
max or glycine soja.

§ 1220.615 State and United States.
State and United States include the 50
States of the United States of America,
the District of Columbia, and the Commonwealth
of Puerto Rico.

PROCEDURES

§ 1220.616 General.
An opportunity to request a referendum
shall be provided to U.S. soybean
producers to determine whether
eligible producers favor the conduct of
a referendum and the Request for Referendum
shall be carried out in accordance
with this subpart.
(a) The opportunity to request a referendum
shall be provided at the county
FSA offices.
(b) If the Secretary determines, based
on results of the Request for Referendum
that no less than 10 percent
(not in excess of one-fifth of which may
be producers in any one State) of all
producers have requested a referendum
on the Order, a referendum will be held
within 1 year of that determination.
(c) If the Secretary determines, based
on the results of the Request for Referendum,
that the requirements in
paragraph (b) of this section are not
met, a referendum will not be conducted.
(d) For purposes of paragraphs (b)
and (c) of this section, the number of
soybean producers in the United States
is determined to be 663,880.

§ 1220.617 Supervision of the process
for requesting a referendum.
The Administrator, AMS, shall be responsible
for supervising the process of
permitting producers to request a referendum
in accordance with this subpart.

§ 1220.618 Eligibility.
(a) Eligible producers. Each person
who was a producer and provides evidence
that they or the producer entity
they represent has paid an assessment
on soybeans during the representative
period is provided the opportunity to
request a referendum. Each producer
entity is entitled to only one request.
(b) Proxy Registration. Proxy registration
is not authorized, except that an
officer or employee of a corporate producer,
or any guardian, administrator,

 § 1220.619

7 CFR Ch. XI (1–1–08 Edition)

executor, or trustee of a producer’s estate,
or an authorized representative of
any eligible producer entity (other
than an individual producer), such as a
corporation or partnership, may request
a referendum on behalf of that
entity. Any individual who requests a
referendum on behalf of any producer
entity, shall certify that he or she is
authorized by such entity to take such
action.
(c) Joint and group interest. A group of
individuals, such as members of a family,
joint tenants, tenants in common,
a partnership, owners of community
property, or a corporation engaged in
the production of soybeans as a producer
entity shall be entitled to make
only one request for a referendum; provided,
however, that any individual
member of a group who is an eligible
producer separate from the group may
request a referendum separately.

§ 1220.619 Time and Place for Requesting
a Referendum.
(a) The opportunity to request a referendum
shall be provided during a 4-
week period beginning and ending on a
date determined by the Secretary. Eligible
persons shall have the opportunity
to request a referendum by following
the procedures in § 1220.622 during
the normal business hours of each
county FSA office.
(b) Producers can determine the location
of county FSA offices by contacting
the nearest county FSA office,
the State FSA office or through an online
search of FSA’s web site at
www.fsa.usda.gov/pas/default.asp.
(c) Each eligible person shall request
a referendum in the county FSA office
where FSA maintains and processes
the producer’s, corporation’s, or other
entities administrative farm records.
For the producer, corporation, or other
entity not participating in FSA programs,
the opportunity to request a
referendum would be provided at the
county FSA office serving the county
where the producer, corporation, or
other legal entity owns or rents land.
An individual or authorized representative
of a corporation who grows soybeans
in more than one county would
request a referendum in the county
FSA office where the individual or corporation
or other entity does most of
its business.

§ 1220.620 Facilities.
Each county FSA office will provide:
(a) A polling place that is well known
and readily accessible to producers in
the county and that is equipped and arranged
so that each person can complete
and submit their request in secret
without coercion, duress, or interference
of any sort whatsoever, and
(b) A holding container of sufficient
size so arranged that no request can be
read or removed without breaking seals
on the container.

§ 1220.621 Certification and request
form.
Form LS–51–1 shall be used to request
a referendum and certify producer
eligibility. The form does not require
a ‘‘yes’’ or ‘‘no’’ vote. Individual
producers and representatives of other
producer entities should read the form
carefully. By completing and signing
the form, the individual simultaneously
certifies eligibility and requests
that a referendum be conducted.

§ 1220.622 Certification and request
procedures.
(a) To request that a referendum be
conducted, each eligible producer shall,
during the Request for Referendum period,
be provided the opportunity to request
a referendum during a specified
period announced by the Secretary.
(1) Each eligible producer shall be required
to complete form LS–51–1 in its
entirety and sign it. The producer must
legibly print his/her name and, if applicable,
the producer entity represented,
address, county, and telephone number.
The producer must read the certification
statement on form LS–51–1 and
sign it certifying that:
(i) The person or the producer entity
they represent was a producer of soybeans
during the representative period;
(ii) The individual requesting a referendum
on behalf of a corporation or
other entity is authorized to do so; and
(iii) The individual has submitted
only one request for a referendum unless
they are also an authorized representative
for another eligible corporation
or other entity.

 Agricultural Marketing Service, USDA 

§ 1220.623

(2) The producer, corporation, or
other entity must also provide documentation,
such as a sales receipt,
showing that the producer, corporation,
or other entity has paid an assessment
on soybeans during the representative
period.
(3) Only a completed and signed form
LS–51–1 accompanied by documentation
showing that soybean assessments
were paid during the representative period
shall be considered a valid request
for a referendum.
(b) To request a referendum, eligible
producers may obtain form LS–51–1 in-
person, by mail, or by facsimile during
the request for referendum period from
the county FSA office where FSA
maintains and processes the producer’s,
corporation’s, or other entity’s
administrative farm records. For the
producer, corporation, or other entity
not participating in FSA programs, the
opportunity to request a referendum
would be provided at the county FSA
office serving the county where the
producer, corporation, or other entity
owns or rents land. Eligible producers
may also obtain form LS–51–1 via the
Internet at www.ams.usda.gov/lsg/mpb/
rp-soy.htm. For those persons who
chose to obtain form LS–51–1 via the
Internet, the completed form and required
documentation must be submitted
to the county FSA office where
FSA maintains and process the producer’s,
corporation’s, or other entity’s
administrative farm records. For producer,
corporation, or other entity not
participating in FSA programs, the opportunity
to request a referendum
would be provided at the county FSA
office serving the county where the
producer, corporation, or other entity
owns or rents land.
(c) Producers or producer entities
may return form LS–51–1 and the accompanying
documentation in-person,
by mail, or facsimile to the appropriate
county FSA office. Form LS–51–1 returned
in-person or by facsimile, must
be received in the appropriate county
FSA office prior to the close of the
work day on the final day of the Request
for Referendum period to be considered
a valid request. Form LS–51–1
and the accompanying documentation
returned by mail must be postmarked
no later than midnight of the final day

of the Request for Referendum period
and must be received in the county
FSA office prior to the start of canvassing
Form LS 51–1.
(d) Producers who obtain form LS–51–
1 in-person at the appropriate FSA
county office may complete and return
the form the same day, accompanied by
documentation, such as a sales receipt,
showing that soybean assessments
were paid during the representative period.

§ 1220.623 Canvassing requests.
(a) Canvassing of Form LS–51–1 shall
take place at the opening of county
FSA offices on the 5th business day following
the Request for Referendum period.
Such canvassing, acting on behalf
of the Administrator, AMS, shall be in
the presence of at least two members of
the county committee. If two or more
of the counties have been combined and
are served by one county office, the
canvassing of the requests shall be conducted
by at least one member of the
county committee from each county
served by the county office. The FSA
State committee or the State Executive
Director if authorized by the State
Committee, may designate the County
Executive Director (CED) and a county
or State FSA office employee to canvass
the requests and report the results
instead of two members of the county
committee when it is determined that
the number of eligible voters is so limited
that having two members of the
county committee present for this
function is impractical, and designate
the CED and/or another county or
State FSA office employee to canvass
requests in any emergency situation
precluding at least two members of the
county committee from being present
to carry out the functions required in
this section.
(b) The request for referendum should
be canvassed as follows:
(1) Number of eligible requests for a referendum.
Each person who was a producer
during the representative period
and provides documentation to prove
that they paid an assessment will be
considered eligible to request a referendum.
(2) Number of ineligible requests for a
referendum. If FSA cannot determine
that a producer is eligible based on the

 § 1220.624

 7 CFR Ch. XI (1–1–08 Edition)

submitted documentation or if the producer
fails to submit the required documentation,
the producer shall be determined
to be ineligible. FSA shall notify
ineligible producers in writing as
soon as practicable but no later than
the 8th business day following the final
day of the Request for Referendum period.
(c) Appeal. A person declared to be ineligible
by FSA can appeal such decision
and provide additional documentation
to the FSA county office within 5
business days after the postmark date
of the letter of notification of ineligibility.
FSA will then make a final decision
on the producer’s eligibility and
notify the producer of the decision.
(d) Number of valid requests for referendum.
A person has been declared eligible
and has provided and completed
all of the required information on form
LS–51–1.
(e) Number of invalid requests for a referendum.
An invalid request for referendum
includes, but is not limited to
the following:
(1) Form LS–51–1 is not signed or all
required information has not been provided;
(2) Form LS–51–1 and supporting documentation
returned in-person or by
facsimile was not received by the last
business day of the Request for Referendum
period;
(3) Form LS–51–1 and supporting documentation
returned by mail was not
postmarked by midnight of the final
day of the Request for Referendum period;
(4) Form LS–51–1 and supporting documentation
returned by mail was not
received in the county FSA office prior
to canvassing of the ballots;
(5) Form LS–51–1 or supporting documentation
is mutilated or marked in
such a way that any required information
on the form is illegible; or
(6) Form LS–51–1 and supporting documentation
not returned to the appropriate
county FSA office.

§ 1220.624 Confidentiality.
The names of persons requesting a
referendum shall be confidential and
may not be divulged except as the Secretary
may direct.

§ 1220.625 Counting requests.
(a) The requests for a referendum
shall be counted by county FSA offices
on the same day as the requests are
canvassed if there are no ineligibility
determinations to resolve. For those
county FSA offices that do have ineligibility
determinations, the requests
shall be counted no later than the 14th
business day following the final day of
the Request for Referendum period.
(b) Requests for a referendum shall
be counted as follows:
(1) Total number of producers who returned
a Request for Referendum form
LS–51–1;
(2) Number of ineligible producers requesting
a referendum;
(3) Number of eligible producers requesting
a referendum;
(4) Number of valid requests for a referendum;
and
(5) Number of invalid requests for a
referendum.

§ 1220.626 FSA county office report.
The county FSA office report shall be
certified as accurate and complete by
the CED or designee, acting on behalf
of the Administrator, AMS, as soon as
may be reasonably possible, but in no
event later than 18th business day following
the final day of the specified period,
have prepared and certified the
county summary of requests on a form
provided by the Administrator, FSA.
Each county FSA office shall transmit
the results in its county to the FSA
State office. The results in each county
may be made available to the public
upon notification by the Administrator,
FSA, that the final results have
been released by the Secretary. A copy
of the report shall be posted for 30 days
following the date of notification by
the Administrator, FSA, in the county
FSA office in a conspicuous place accessible
to the public. One copy shall
be kept on file in the county FSA office
for a period of at least 12 months after
notification by FSA that the final results
have been released by the Secretary.

§ 1220.627 FSA State office report.
Each FSA State office shall transmit
to the Administrator, FSA, as soon as
possible, but in no event later than the
20th business day following the final

 Agricultural Marketing Service, USDA 

Pt. 1230

day of the Request for Referendum period,
a report summarizing the data
contained in each of the reports from
the county FSA offices. One copy of
the State summary shall be filed for a
period of not less than 12 months after
the results have been released and
available for public inspection after
the results have been released.

§ 1220.628 Results of the request for
referendum.
(a) The Administrator, FSA, shall
submit to the Administrator, AMS, the
reports from all State FSA offices. The
Administrator, AMS, shall tabulate the
results of the Request for Referendum.
USDA will issue an official press release
announcing the results of the Request
for Referendum and publish the
same results in the FEDERAL REGISTER.
In addition, USDA will post the official
results at the following Web site: http://
www.ams.usda.gov/lsg/mpb/rp-soy.htm.
Subsequently, State reports and related
papers shall be available for public
inspection upon request during normal
business hours in the Marketing
Programs Branch office, Livestock and
Seed Program, AMS, USDA, Room
2638–S, STOP 0251, 1400 Independence
Avenue, SW., Washington, DC.
(b) If the Secretary deems necessary,
a State report or county report shall be
reexamined and checked by such persons
who may be designated by the
Secretary.

§ 1220.629 Disposition of records.
Each FSA CED will place in sealed
containers marked with the identification
of the ‘‘Request for Soybean Referendum,’’
all of the form LS–51–1’s
along with the accompanying documentation
and county summaries.
Such records will be placed in a secure
location under the custody of the FSA
CED for a period of not less than 12
months after the date of notification
by the Administrator, FSA, that the
final results have been announced by
the Secretary. If the county FSA office
receives no notice to the contrary from
the Administrator, FSA, by the end of
the 12 month period as described above,
the CED or designee shall destroy the
records.

§ 1220.630 Instructions and forms.
The Administrator, AMS, is authorized
to prescribe additional instructions
and forms not inconsistent with
the provisions of this subpart.

PART 1230—PORK PROMOTION,
RESEARCH, AND CONSUMER INFORMATION

Subpart A—Pork Promotion, Research, and
Consumer Information Order

DEFINITIONS

Sec.
1230.1 Act.
1230.2 Department.
1230.3 Secretary.
1230.4 Board.
1230.5 Consumer information.
1230.6 Council.
1230.7 Customs Service.
1230.8 Delegate Body.
1230.9 Fiscal period.
1230.10 Imported.
1230.11 Imported pork and pork products.
1230.12 Importer.
1230.13 Market.
1230.14 Market value.
1230.15 Part and subpart.
1230.16 Person.
1230.17 Plans and projects.
1230.18 Porcine animal.
1230.19 Pork.
1230.20 Pork product.
1230.21 Producer.
1230.22 Promotion.
1230.23 Research.
1230.24 State.
1230.25 State association.
1230.26 State where produced.

NATIONAL PORK PRODUCERS DELEGATE BODY

1230.30 Establishment and membership.
1230.31 Nomination and appointment of producer
members.
1230.32 Conduct of election.
1230.33 Appointment of importer members.
1230.34 Term of office.
1230.35 Vacancies.
1230.36 Procedure.
1230.37 Officers.
1230.38 Compensation and reimbursement.
1230.39 Powers and duties of the Delegate
Body.

NATIONAL PORK BOARD

1230.50 Establishment and membership.
1230.51 Term of office.
1230.52 Nominations.
1230.53 Nominee’s agreement to serve.
1230.54 Appointment.
1230.55 Vacancies.
1230.56 Procedure.